You can file your separation agreement with the court, but keep in mind that it becomes a court order, and thereby modifiable by the court. If you keep it as a contract, and do not file it with the court, it makes it harder for your spouse to try to change the terms at a later date. You are not required to file your separation agreement with the court. It will also become a public document at that point, and you may not want the public to find out all of the information contained in your agreement.
You and your husband may draft the separation agreement yourselves, as long as it is signed by both parties and notarized. However, the clerk of court will not assist you in the drafting. Check out our website for more information on drafting a separation agreement.
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.